Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.48 FLOOD DAMAGE PROTECTION
15.48.060 General provisions.
A. Lands to Which this Chapter Applies. This chapter shall apply to all
areas of special flood hazards within the jurisdiction of El
Dorado.
B. Basis for establishing the Areas of Special Flood Hazard. The
areas of special flood hazard identified by the Federal Emergency Management
Agency through a scientific and engineering report entitled "The Flood Study for
the City of El Dorado," dated June 20, 2001, with accompanying flood insurance
rate maps and flood boundary and floodway maps with any revision thereto are
adopted by reference and declared to be a part of this chapter. The flood
insurance study is on file at the city engineer's office.
C. Penalties
for Noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the terms of this
chapter and other applicable regulations.
Violation of the provisions of
this chapter or failure to comply with any of its requirements (including
violation of conditions and safeguards established in connection with grants of
various or special exceptions) shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than five hundred dollars ($500.00) or
imprisoned for not more than ten days, or both, and in addition shall pay all
costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense.
Nothing herein contained shall prevent
the city or other appropriate authority from taking such other lawful action as
is necessary to prevent or remedy any violation.
D. Abrogation and
Greater Restrictions. This chapter is not intended to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where this
chapter and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
E. Interpretation. In the interpretation and
application of this chapter, all provisions shall be: (1) considered as minimum
requirements, (2) liberally construed in favor of the governing body, and (3)
deemed neither to limit or repeal any other powers granted under state
statutes.
F. Warning and Disclaimer of Liability. The degree of flood
protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the
part of the city or by any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder. (Ord. G-898 § 2, 2001; prior code §
18-606)
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